Can you name someone other than your spouse as beneficiary?

Asked by: Bobbie Luettgen  |  Last update: February 24, 2026
Score: 4.4/5 (35 votes)

If you are not married or are divorced (and not remarried), you can choose to name an adult child, a sibling, a partner, family member or a friend. If you are married, you may need your spouse's consent if you intend to name someone other than your spouse as a beneficiary for a retirement account.

Can you have a beneficiary other than your spouse?

Who can be a beneficiary? You can name any person—your spouse, parents, siblings, friends, or other loved ones—as life insurance beneficiaries.

Can I name someone other than my spouse as beneficiary on life insurance?

Yes. It's your life insurance policy and you own it. You can name anyone you want as the beneficiary without restriction (no, your spouse is not a default beneficiary and no you do not need consent from anyone). Now there are exceptions, such as a court order from divorce proceedings, but those are not the norm.

Can I list a friend as a beneficiary?

Yes, you can name anyone you want as a beneficiary of your insurance, subject to whatever limitations the insurer might have. The insurable interest issue only comes up in regards to someone buying insurance. So your friend can't buy his own life insurance policy on your life.

Who should I not name as a beneficiary?

And you shouldn't name a minor or a pet, either, because they won't be legally allowed to receive the money you left for them. Naming your estate as your beneficiary could give creditors access to your life insurance death benefit, which means your loved ones could get less money.

When Not To Name Your Spouse as Beneficiary

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Who is best to list as a beneficiary?

A lot of people name a close relative—like a spouse, brother or sister, or child—as a beneficiary. You can also choose a more distant relative or a friend. If you want to designate a friend as your beneficiary, be sure to check with your insurance company or directly with your state.

Who can not be a beneficiary?

Ineligible Beneficiaries: Minors: Generally, minors (individuals under the age of 18 or 21, depending on the jurisdiction) cannot be named as direct beneficiaries of a life insurance policy. In such cases, a trust or custodian may be designated to manage the proceeds until the minor reaches the age of majority.

Can a spouse override a beneficiary on a bank account?

While a spouse doesn't override a designated beneficiary on a bank account, they may be entitled to a portion of the assets in a payable-on-death bank account if those assets are community property.

Is there a downside to being someone's beneficiary?

For example, if a person names their estate as a beneficiary of their life insurance policy, not only does this put the asset into the jurisdiction of the probate court, but it also subjects the funds to your creditors and may be used very differently from what you had in mind.

What are the three types of beneficiaries?

A primary beneficiary is the person (or people or organizations) you name to receive your stuff when you die. A contingent beneficiary is second in line to receive your assets in case the primary beneficiary passes away. And a residuary beneficiary gets any property that isn't specifically left to another beneficiary.

Is your wife automatically your beneficiary?

If you are married or in a common-law relationship of more than two years, your spouse is automatically your beneficiary.

What happens if the beneficiary name is wrong?

If the beneficiary name is incorrect, your transfer will not go through and the money will be returned to the original bank from where it was transferred.

Does life insurance automatically go to your spouse?

If you do not name a beneficiary, The Standard will pay the life benefit according to the “policy order.” This means your surviving spouse will be paid the benefit as the first person listed in the order.

Do I have to name my spouse as beneficiary on life insurance?

If you are a resident of certain states, you may be required to list your spouse as your primary beneficiary and designate him or her to receive at least 50 percent of the benefit. In some states, you can name someone else with your spouse's written permission.

Can I name someone other than my spouse as beneficiary on my IRA?

Unlike other financial accounts and assets, an individual doesn't automatically become the beneficiary of their spouse's IRA. In most cases, the account holder can name a beneficiary, whether that's a child, another relative, or someone else other than their spouse.

What states require spousal consent?

Generally, you need spousal consent for an IRA designation if you reside in one of the following community property states:
  • Arizona.
  • California.
  • Louisiana.
  • Idaho.
  • New Mexico.
  • Nevada.
  • Texas.
  • Wisconsin.

Why should I not list my trust as a primary beneficiary?

The primary disadvantage of naming a trust as beneficiary is that the retirement plan's assets will be subjected to required minimum distribution payouts, which are calculated based on the life expectancy of the oldest beneficiary.

Does a living will override a beneficiary?

You might be wondering, “does a beneficiary supersede a will?” The answer is yes, and that's why you want to understand the difference between a will vs. beneficiary. It's important to be very careful when dealing with these two documents.

Who is the best person to make your beneficiary?

Surviving Spouse and Child Beneficiaries
  • SPOUSE. Naming your spouse as a life insurance beneficiary is an obvious choice. ...
  • ADULT CHILDREN. ...
  • MINOR CHILDREN. ...
  • CHARITY. ...
  • CREATING A TRUST FOR A LOVED ONE.

Can I make someone other than my spouse my beneficiary?

If you want to designate a beneficiary other than your spouse, your spouse's notarized, written consent is required. Additionally, if you want to change to a different beneficiary later on, you must receive notarized consent again.

Does a wife have access to her husband's bank account after death?

Most joint bank accounts include automatic rights of survivorship, which means that after one account signer dies, the remaining signer (or signers) retain ownership of the money in the account. The surviving primary account owner can continue using the account, and the money in it, without any interruptions.

Can you name a beneficiary on a joint checking account?

A joint account holder can designate beneficiaries to the account without authorization from the primary account holder. A beneficiary has no rights or access to your accounts. Beneficiaries can only receive the money in your accounts in the event of your passing.

Can you name a friend as a beneficiary?

Naming specific individuals as beneficiaries – You can designate family members, friends, charities, or anyone else to receive funds directly.

Can a spouse contest a beneficiary?

Any beneficiary designation can be contested, but the person contesting has to have standing and there has to be a valid reason for the dispute.

Who is not an eligible designated beneficiary?

An eligible designated beneficiary (EDB) is always an individual. An EDB cannot be a nonperson entity such as a trust, an estate, or a charity. The five categories of EDBs include: A surviving spouse.